Short answer

If co‑owners or heirs refuse mediation or decline to sign a sale, you generally can ask an Alaska court to force a partition of the property. A court can either divide the land among the owners (partition in kind) or order the property sold and the proceeds divided (partition by sale). If the property is still in probate, the personal representative may have limited powers to sell; if not, a partition action in superior court is the usual path.

How forcing a sale or partition works in Alaska

When two or more people own real property as co‑owners (often as tenants in common after an owner dies without clear, separate title), Alaska law allows any co‑owner to file a partition action to divide the property or force its sale. Courts prefer dividing property physically when practical, but they will order a sale when division would be unfair, impractical, or reduce value.

Partition in kind vs. partition by sale

• Partition in kind: The court attempts to divide the land so each owner gets a separate tract roughly matching their ownership share.
• Partition by sale: If a fair physical division is not practical (for example, a single family home on one lot), the court may order a sale and split the proceeds among the owners after paying liens, expenses, and any court‑ordered adjustments.

When a court is likely to order sale instead of division

Courts examine factors such as whether the property can be divided without significant loss of value, whether division would create awkward or impractical parcels, the number and nature of owners, and whether one party would be unfairly disadvantaged by division. If the property is a single house on one parcel used as a family residence, courts often order sale rather than attempt physical partition.

Probate vs. partition

If the decedent’s estate is in probate, the personal representative may be able to sell estate property if the will or probate statutes authorize sale to pay debts or to distribute assets. If probate is complete and title vests in heirs as co‑owners, partition actions apply. The two processes can overlap: an interested heir or creditor may file a partition action against other heirs even during probate in some circumstances; timing and authority depend on the probate stage and the personal representative’s authority.

Court orders and remedies

When you file a partition action in Alaska superior court you typically ask the court for:

• An order dividing the property (partition in kind) or ordering a sale (partition by sale).
• If sale is ordered, appointment of a commissioner or referee to sell the property, or authorization for a public auction or private sale under court supervision.
• A distribution of net sale proceeds among owners according to ownership shares after payment of mortgages, liens, taxes, and sale costs.
• Interim relief if needed — for example, an order requiring parties to maintain insurance or prohibiting waste while the case proceeds.

Costs, timeline, and consequences

Partition actions are formal lawsuits. Expect filing fees, service costs, possible appraisals, and attorney fees. The timeline varies: some cases resolve in months by agreement; contested cases with sale and appeals can take a year or more. If you force a sale, you give up control over timing and sales method; the court supervises the process to protect all owners’ interests.

What mediation refusal means

Refusing mediation or declining to sign sale papers does not prevent you from going to court. Alaska courts often encourage alternative dispute resolution, but they cannot force a private party to settle. A court can, however, proceed with a partition action and may assign costs or fees against a party that unreasonably prolongs litigation. Mediation can still be useful — the prospect of a court‑ordered sale often motivates settlement or buyouts.

Practical steps to take

1. Gather title documents: deed, will, probate paperwork, mortgage statements, tax assessments, and any agreements among heirs.
2. Confirm ownership form: is title vested in the estate, in multiple heirs as tenants in common, or in a surviving joint tenant? The correct legal procedure depends on ownership status.
3. Try negotiating a buyout or sale listing with written offers — courts look favorably on reasonable efforts to avoid litigation.
4. If negotiation fails, consult an Alaska attorney experienced in probate and real estate partition to evaluate filing a partition action and to prepare pleadings.
5. Consider temporary protections (insurance, maintenance, securing the property) while the matter is resolved to avoid loss of value or liability exposure.

Where to look in Alaska law and courts

Alaska’s statutes and court system set out civil remedies and probate procedures. For general statutes and code references, see the Alaska Legislature’s statutes portal: https://www.akleg.gov/basis/statutes.php. For practical court forms and information about civil and probate procedures, visit the Alaska Court System site: https://public.courts.alaska.gov/. You can also review Alaska court rules and civil procedure resources at: https://public.courts.alaska.gov/rules/.

Helpful Hints

• Document every attempt to negotiate — dates, offers, and refusals — before filing suit.
• Consider a buyout: one heir may buy others out at fair market value to avoid sale and litigation costs.
• Obtain a current appraisal early to set realistic expectations about value and sale proceeds.
• Account for liens, mortgages, property taxes, and sale costs; net proceeds, not gross sale price, are what gets divided.
• If the property is occupied, consider how rent or use will be treated during the dispute; courts can order accounting for rents and expenses.
• Act quickly to preserve property condition and insurance coverage; deterioration reduces value and complicates outcomes.
• Even if someone refuses mediation, offering mediated settlement before trial can reduce costs and preserve relationships.
• Keep in mind potential tax consequences of a sale — consult a tax advisor about capital gains and basis issues.